Wilkerson v. Social Security

Filing 19

ORDER Adopting Report and Recommendation for 18 Report and Recommendation, 16 Motion for Summary Judgment filed by Social Security, Commissioner of, 13 Motion for Summary Judgment filed by Koretta Wilkerson - matter remanded to the Defendant Commissioner under sentence four of 42U.S.C. § 405(g) for further proceedings in accordance with the Magistrate Judge's report and recommendation. Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KORETTA J. WILKERSON,
Plaintiff,
Case No. 16-11153
v.
Hon. Marianne O. Battani
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________________/
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Koretta J. Wilkerson brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Defendant Commissioner denying her application
for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401
et seq. The case was referred to Magistrate Judge Stephanie Dawkins Davis pursuant
to 28 U.S.C. § 636(b)(1)(B) for review of the Commissioner’s decision.
The parties filed cross-motions for summary judgment. In a report and
recommendation ("R & R") dated August 22, 2017, the Magistrate Judge recommended
that the Court grant in part Plaintiff’s motion for summary judgment, deny Defendant’s
motion for summary judgment, and remand this matter to the Defendant Commissioner
under sentence four of 42 U.S.C. § 405(g). The Magistrate Judge also informed the
parties that any desired objections to the R & R were to be filed within 14 days of
service of the R & R, and that a party’s failure to file objections would operate to waive
any further right of appeal. (Dkt. 18, R & R at 40.)

Neither party has filed objections to the R & R. Because no objections have
been filed, the parties have waived their right to de novo review and appeal. Moreover,
having reviewed the R & R and the remainder of the record, this Court fully concurs in
the thorough analysis of the Magistrate Judge.
Accordingly, the Court ADOPTS the Magistrate Judge’s August 22, 2017 report
and recommendation (Dkt. 18), GRANTS IN PART Plaintiff’s motion for summary
judgment (Dkt. 13), and DENIES Defendant’s motion for summary judgment (Dkt. 16).
This matter will be remanded to the Defendant Commissioner under sentence four of 42
U.S.C. § 405(g) for further proceedings in accordance with the Magistrate Judge's
report and recommendation.
IT IS SO ORDERED.
Date: September 28, 2017

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on September 28, 2017.
s/ Kay Doaks
Case Manager

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